Harvey Moeis Charged With Conditioning 27 Owners Of Smelters To Deposit 5 Percent Tin Seeds, State Loss Of IDR 300 Trillion

Harvey Moeis At The Corruption Court/PHOTO: Rizky Adytia-VOI

JAKARTA - The Public Prosecutor (JPU) charged Harvey Moeis with discriminating 27 private smelters to deposit 5 percent of the tin seeds from the export quota to PT Timah Tbk.

The consolidation was a follow-up to Mochtar Riza Pahlevi Tabrani's request as President Director of PT Timah Tbk, and Alwin Albar as Director of Operations and Production of PT Timah Tbk.

"The defendant Harvey Moeis with the knowledge of Suparta as the President Director of PT Refined Bangka Tin and Reza Andriansyah as Director of Business Development of PT Refined Bangka Tin representing PT Refined Bangka Tin held a meeting with Mochtar Riza Pahlevi Tabrani as President Director of PT Timah Tbk, and Alwin Albar as Director of Operations and Production of PT Timah Tbk and 27 private smelter owners to discuss the request of Mochtar Riza Pahlevi Tabrani and Alwin Akbar over tin ore of 5 percent of the export quota of the private smelter smelter because the tin ore exported by the private smelter was the result of production sourced from illegal mining in the PT Timah Tbk IUP region," said the prosecutor at the trial at the Jakarta Corruption Court, Wednesday, August 14.

The coordination began when Suranto Wibowo, who is the Head of Energy and Mineral Resources of Bangka Belitung Province for the 2015-2019 period, approved the illegal 2015-2019 Budget and Fee Work Plan (RKAB) against 5 (five) smelter companies.

However, the RKAB was used as a formality to accommodate the illegal collection and management of tin ore from the PT Timah Tbk IUP area.

The RKAB should be used as a basis for mining in the IUP region of each of its smelters and affiliates, not as legalization for the collection and management of tin ore resulting from illegal mining in the PT Timah Tbk IUP area.

The five smelters include PT Refined Bangka Tin and its affiliated company, CV Venus Inti Perkasa and its affiliated company, PT Sariwiguna Binasentosa and its affiliated company, PT Stanindo Inti Perkasa and its affiliated company, and PT Tinindo Internusa and its affiliated company.

On that basis, Harvey Moeis, who is a representative of PT Refined Bangka Tin, contacted another smelter in August 2018. The goal is to cooperate with PT Timah Tbk.

In 2019, the owner of the four smelters knew that they would not get RKAB approval. Then they proposed to PT Timah Tbk to make an agreement so that illegal tin ore belonging to private smelters can be sold and purification and logging are carried out, but the payment requirements must all be made by PT Timah.

Finally, the agreement was formed and followed up with several meetings between the smelter and PT Timah Tbk. In fact, said the prosecutor, the cooperation was not contained in the company's budget work plan (RKAP) of PT Timah Tbk in 2018.

One of the agreements is the rental price for tin logging equipment at USD 3,700 per ton of SN outside the price of tin ore that must be paid by PT Timah Tbk to CV Venus Inti Perkasa, PT Stanindo Inti Perkasa, PT Tinindo Internusa, PT Sarijuna Binasentosa.

Meanwhile, specifically for PT Refined Bangka Tin, the smelter represented by Harvey was given an additional incentive of USD 300 per ton of SN so that the special contract value for PT Refined Bangka Tin was USD 4,000 per ton of SN.

The rental price for the tin logging processing equipment agreement was made without a study or feasibility study with a study made on a back date. Where, Harvey Moeis is the initiator of the processing equipment rental cooperation.

"The defendant Harvey Moeis initiated the cooperation to rent a processing tool for private smelter Timah which does not have a compact person or CP, including CV Venus Inti Perkasa, PT Sariwiguna Binasentosa, PT Stanindo Inti Perkasa and PT Tinindo Internusa with PT Timah Tbk," said the prosecutor.

The prosecutor said the cooperation program for renting the lead processing equipment of PT Timah Tbk with five smelters was just a mode whose rental price far exceeded the value of the PT Timah smelter HPP.

Furthermore, Harvey also asked the smelters to set aside part of the generated profits that seem to be corporate social responsibility (CSR) funds.

"The defendant Harvey Moeis with the knowledge of Suparta as the President Director of PT Refined Bangka Tin and Reza Andriansyah as Director of Business Development of PT Refined Bangka Tin asked CV Venus Inti Perkasa, PT Sarijuna Binasentosa, PT Stanindo Inti Perkasa and PT Tinindo Internusa to pay security costs to the defendant Harvey Moeis for USD 500 to USD 750 per ton, which seems to be recorded as corporate social responsibility (CSR) managed by the defendant Harvey Moeis on behalf of PT Refined Bangka Tin," said the prosecutor.

Prosecutors said Harvey Moeis and other private smelters in collaboration with PT Timah Tbk created 12 shell companies or puppet companies.

The doll company bought tin ore from illegal mining in the PT Timah IUP area based on the Work Order (SPK) for Accounting Goods issued by PT Timah Tbk.

"The defendant Harvey Moeis with the knowledge of Suparta as the President Director of PT Refined Bangka Tin and Reza Andriansyah as Director of Business Development of PT Refined Bangka Tin along with private smelters namely CV Venus Inti Perkasa, PT Sariwiguna Binasentosa, PT Stanindo Inti Perkasa and PT Tinindo Internusa agreed with PT Timah to issue a work order (SPK) in the mining business permit area or PT Timah Tbk IUP with the aim of legalizing the purchase of tin ore by private smelters originating from illegal mining at PT Timah Tbk IUP," said the prosecutor.

Harvey Moeis as a representative of PT Refined Bangka Tin with Suparta as President Director of PT Refined Bangka Tin for the 2018 period, and Reza Andriansyah as Director of Business Development of PT Refined Bangka Tin for the 2017 period, carried out illegal mining in the PT Timah Tbk IUP area.

This action can also be carried out because of the omission made by PT Timah Tbk and the Bangka Belitung Province ESDM Office.

The distribution was carried out by Mochtar Riza Pahlevi Tabrani as President Director of PT Timah Tbk for the 2016-2021 period, Emil Ermindra as Finance Director of PT Timah Tbk for the 2016-2020 period, Alwin Albar as Director of Operations and Production of PT Timah Tbk for the period April 2017-February 2020, Head of ESDM for Bangka Belitung Province for the 2015-2019 period, Suranto Wibowo, Head of ESDM for Bangka Belitung Province 2021-2024 Amir Syahbana, Acting Head of ESDM for Bangka Belitung Province March 2019 Rusbani, and Bambang Gatot Ariyono as Director General of Mineral and Coal Ministry of Energy and Mineral Resources for the 2015-2020 period.

Apart from Harvey Moeis, illegal mining in the PT Timah IUP area was also carried out by Robert Indarto through PT Sariwiguna Binasentosa, Tamron alias Aon, Achmad Albani, Kwan Yung alias Buyung and Hasan Tjhie alias Asin through CV Venus Inti Perkasa, Suwito Gunawan alias Awi and MB Gunawan through PT Stanindo Inti Perkasa, Hendry Lie, Fandy Lingga and Rosalina through PT Tinindo Internusa, which was not contained in the RKAB PT Timah Tbk and RKAB 5 (five) smelters along with its affiliated company.

The illegal mining caused environmental damage both inside and outside the forest area within the PT Timah Tbk IUP area, in the form of ecological losses, environmental economic losses, and environmental restoration.

This action cost the state finances Rp. 300 trillion. The value of the loss was due to the alleged corruption in the management of tin commodity trading in the Mining Business Permit (IUP) area of PT Timah Tbk in 2015-2022.

"What cost the State Finance amounted to Rp300,003,263,938,131.14 based on the State Financial Losses Calculation Audit Results Report," said the prosecutor.

In this case, Harvey Moeis was charged with Article 2 paragraph (1) and Article 3 in conjunction with Article 18 of the Anti-Corruption Law in conjunction with Article 55 paragraph (1) 1 of the Criminal Code and Article 3 of 2010 concerning Money Laundering.